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THEORETICAL AND APPLIED ASPECTS OF MURDER OF A NEWBORN CHILD BY THE MOTHER

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PDF: Author(s): Ksendzuk K. A., Kufleva V. N.,
Number of journal: 2(43) Date: May 2018
Annotation:

The article examines the theoretical and applied aspects of killing the newborn child by the mother. Within the framework of the research, such concepts as the period of newborns, criteria of live birth and stillbirth are analyzed; current data of statistical and judicial practice are given. The need to expand the range of the crime subjects, the expediency of reducing the age of bringing to criminal responsibility, as well as the introduction of classification indicators into Art. 106 of the Criminal Code of the Russian Federation are provided. Based on the analysis of the norm and with the aim of improving the practice of its application, it is proposed to clarify a number of categories: the mother, the moment of the beginning of life, the specific criteria and conditions of the psycho-traumatizing situation in a separate Resolution of the Plenum of the Supreme Court of the Russian Federation.

Keywords:

mother, newborn, child, murder, subject of crime, age, live birth, stillbirth, moment of the beginning of life, criminal responsibility, special cruelty.

For citation:

Kufleva V. N., Ksendzuk K. A. Theoretical and applied aspects of murder of a newborn child by the mother // Business. Education. Law. 2018. No. 2 (43). P. 278–282. DOI: 10.25683/VOLBI.2018.43.240.